Examining Practice, Interrogating Theory

Examining Practice, Interrogating Theory

Author: Penelope (Pip). Nicholson

Publisher: BRILL

Published: 2008

Total Pages: 369

ISBN-13: 9004165185

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Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to "Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia" analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.


Book Synopsis Examining Practice, Interrogating Theory by : Penelope (Pip). Nicholson

Download or read book Examining Practice, Interrogating Theory written by Penelope (Pip). Nicholson and published by BRILL. This book was released on 2008 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to "Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia" analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.

Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia

Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia

Author: Helen J. Nicholson

Publisher: BRILL

Published: 2008-08-22

Total Pages: 368

ISBN-13: 9047440390

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Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.


Book Synopsis Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia by : Helen J. Nicholson

Download or read book Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia written by Helen J. Nicholson and published by BRILL. This book was released on 2008-08-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.

Routledge Handbook of Asian Law

Routledge Handbook of Asian Law

Author: Christoph Antons

Publisher: Taylor & Francis

Published: 2016-11-03

Total Pages: 447

ISBN-13: 1317337409

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Law and legal institutions in East Asia's high-growth episodes -- Conclusion: East Asia, law and development, and today's developing countries -- Chapter 4: A new China model for the era post global financial crisis: Legal dimensions -- Introduction -- The East Asian model, its progeny and their problems -- The emerging post Washington, post Beijing consensus (PWBC) -- Implications of the PWBC for the China model -- The decision in light of the PWBC -- The implications of the decision for legal reforms -- Conclusion


Book Synopsis Routledge Handbook of Asian Law by : Christoph Antons

Download or read book Routledge Handbook of Asian Law written by Christoph Antons and published by Taylor & Francis. This book was released on 2016-11-03 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and legal institutions in East Asia's high-growth episodes -- Conclusion: East Asia, law and development, and today's developing countries -- Chapter 4: A new China model for the era post global financial crisis: Legal dimensions -- Introduction -- The East Asian model, its progeny and their problems -- The emerging post Washington, post Beijing consensus (PWBC) -- Implications of the PWBC for the China model -- The decision in light of the PWBC -- The implications of the decision for legal reforms -- Conclusion

Radical Democracy and the Internet

Radical Democracy and the Internet

Author: Lincoln Dahlberg

Publisher: Palgrave MacMillan

Published: 2007-05-22

Total Pages: 272

ISBN-13:

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Radical Democracy and the Internet provides a systematic and mutual interrogation of radical democratic theory and Internet practice. Contributors critically examine a range of radical democratic theories in relation to online communication, from deliberative to agonistic to autonomist Marxist, and explore how such communication may be advancing democracy beyond what is conceptualized and practised within present liberal-capitalist political contexts. The result is an important contribution to both democratic theory and new media studies, and essential reading in politics, media studies, communications, and sociology.


Book Synopsis Radical Democracy and the Internet by : Lincoln Dahlberg

Download or read book Radical Democracy and the Internet written by Lincoln Dahlberg and published by Palgrave MacMillan. This book was released on 2007-05-22 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Radical Democracy and the Internet provides a systematic and mutual interrogation of radical democratic theory and Internet practice. Contributors critically examine a range of radical democratic theories in relation to online communication, from deliberative to agonistic to autonomist Marxist, and explore how such communication may be advancing democracy beyond what is conceptualized and practised within present liberal-capitalist political contexts. The result is an important contribution to both democratic theory and new media studies, and essential reading in politics, media studies, communications, and sociology.

Interrogating Conceptions of “Vulnerable Youth” in Theory, Policy and Practice

Interrogating Conceptions of “Vulnerable Youth” in Theory, Policy and Practice

Author: Kitty te Riele

Publisher: Springer

Published: 2015-06-25

Total Pages: 243

ISBN-13: 9463001212

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Young people who are considered ‘vulnerable’ or ‘at risk’ are a particular target of various policies, schemes and interventions. But what does vulnerability mean? Interrogating Conceptions of “Vulnerable Youth” explores this question in relation to various policy fields that are relevant to young people, as well for how this plays out in practice and how it is experienced by young people themselves. What makes this book unique is that most authors had the opportunity to jointly explore these issues during a two-day workshop, and their chapters are informed by their cross-agency and cross-discipline discussions, making for a nuanced and thoughtful set of contributions. This collection is highly recommended for researchers and research students in the social sciences, as well as professional staff working in youth policy and youth services, in government departments and in NGOs. “Those who are most vulnerable should receive our greatest moral attention. However, the translation of generalised moral principles into effective policy and programs has never been easy. Political interests have invariably intervened, leading to complex debates about how vulnerability should be defined, classified, measured and represented. In recent years, these debates have become further complicated, as nation-states around the world have preached austerity. This timely book suggests that the responsibility for protecting the vulnerable cannot be left to individuals, but demands collective action, through institutions such as education, health and welfare. It examines some of the ways in which public policies and programs represent those who are vulnerable, involving a range of assumptions about the social, economic and political conditions that produce their vulnerabilities.” From the Foreword by Professor Fazal Rizvi


Book Synopsis Interrogating Conceptions of “Vulnerable Youth” in Theory, Policy and Practice by : Kitty te Riele

Download or read book Interrogating Conceptions of “Vulnerable Youth” in Theory, Policy and Practice written by Kitty te Riele and published by Springer. This book was released on 2015-06-25 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Young people who are considered ‘vulnerable’ or ‘at risk’ are a particular target of various policies, schemes and interventions. But what does vulnerability mean? Interrogating Conceptions of “Vulnerable Youth” explores this question in relation to various policy fields that are relevant to young people, as well for how this plays out in practice and how it is experienced by young people themselves. What makes this book unique is that most authors had the opportunity to jointly explore these issues during a two-day workshop, and their chapters are informed by their cross-agency and cross-discipline discussions, making for a nuanced and thoughtful set of contributions. This collection is highly recommended for researchers and research students in the social sciences, as well as professional staff working in youth policy and youth services, in government departments and in NGOs. “Those who are most vulnerable should receive our greatest moral attention. However, the translation of generalised moral principles into effective policy and programs has never been easy. Political interests have invariably intervened, leading to complex debates about how vulnerability should be defined, classified, measured and represented. In recent years, these debates have become further complicated, as nation-states around the world have preached austerity. This timely book suggests that the responsibility for protecting the vulnerable cannot be left to individuals, but demands collective action, through institutions such as education, health and welfare. It examines some of the ways in which public policies and programs represent those who are vulnerable, involving a range of assumptions about the social, economic and political conditions that produce their vulnerabilities.” From the Foreword by Professor Fazal Rizvi

Crime and Punishment in Islamic Law

Crime and Punishment in Islamic Law

Author: Mohammad Hashim Kamali

Publisher: Oxford University Press, USA

Published: 2019

Total Pages: 465

ISBN-13: 019091064X

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In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades. Malaysia presents a particularly interesting case study of how a reasonably successful country with a market economy, high levels of exposure to the outside world, and a credible claim to inclusivity, deals with Islamic and Shariah-related issues. Kamali concludes that there is a significant gap between the theory and practice of hudud in the scriptural sources of Shariah and the scholastic articulations of jurisprudence of the various schools of Islamic law, arguing that literalism has led to such rigidity as to make Islamic criminal law effectively a dead letter. His goal is to provide a fresh reading of the sources of Shariah and demonstrate how the Qur'an and Sunnah can show the way forward to needed reforms of Islamic criminal law.


Book Synopsis Crime and Punishment in Islamic Law by : Mohammad Hashim Kamali

Download or read book Crime and Punishment in Islamic Law written by Mohammad Hashim Kamali and published by Oxford University Press, USA. This book was released on 2019 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades. Malaysia presents a particularly interesting case study of how a reasonably successful country with a market economy, high levels of exposure to the outside world, and a credible claim to inclusivity, deals with Islamic and Shariah-related issues. Kamali concludes that there is a significant gap between the theory and practice of hudud in the scriptural sources of Shariah and the scholastic articulations of jurisprudence of the various schools of Islamic law, arguing that literalism has led to such rigidity as to make Islamic criminal law effectively a dead letter. His goal is to provide a fresh reading of the sources of Shariah and demonstrate how the Qur'an and Sunnah can show the way forward to needed reforms of Islamic criminal law.

Refugee Protection and the Role of Law

Refugee Protection and the Role of Law

Author: Susan Kneebone

Publisher: Routledge

Published: 2014-06-27

Total Pages: 367

ISBN-13: 1135046905

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Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?


Book Synopsis Refugee Protection and the Role of Law by : Susan Kneebone

Download or read book Refugee Protection and the Role of Law written by Susan Kneebone and published by Routledge. This book was released on 2014-06-27 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?

Critical Perspectives on the Responsibility to Protect

Critical Perspectives on the Responsibility to Protect

Author: Philip Cunliffe

Publisher: Taylor & Francis

Published: 2011-03-31

Total Pages: 161

ISBN-13: 1136848460

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This edited volume critically examines the widely supported doctrine of the 'Responsibility to Protect', and investigates the claim that it embodies progressive values in international politics. Since the United Nations World Summit of 2005, a remarkable consensus has emerged in support of the doctrine of the ‘responsibility to protect’ (R2P) – the idea that states and the international community bear a joint duty to protect peoples around the world from mass atrocities. While there has been plenty of discussion over how this doctrine can best be implemented, there has been no systematic criticism of the principles underlying R2P. This volume is the first critically to interrogate both the theoretical principles and the policy consequences of this doctrine. The authors in this collection argue that the doctrine of R2P does not in fact embody progressive values, and they explore the possibility that the R2P may undermine political accountability within states and international peace between them. This volume not only advances a novel set of arguments, but will also spur debate by offering views that are seldom heard in discussions of R2P. The aim of the volume is to bring a range of criticisms to bear from a variety of disciplinary perspectives, including international law, political science, IR theory and security studies. This book will be of much interest to students of the Responsibility to Protect, humanitarian intervention, human security, critical security studies and IR in general.


Book Synopsis Critical Perspectives on the Responsibility to Protect by : Philip Cunliffe

Download or read book Critical Perspectives on the Responsibility to Protect written by Philip Cunliffe and published by Taylor & Francis. This book was released on 2011-03-31 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume critically examines the widely supported doctrine of the 'Responsibility to Protect', and investigates the claim that it embodies progressive values in international politics. Since the United Nations World Summit of 2005, a remarkable consensus has emerged in support of the doctrine of the ‘responsibility to protect’ (R2P) – the idea that states and the international community bear a joint duty to protect peoples around the world from mass atrocities. While there has been plenty of discussion over how this doctrine can best be implemented, there has been no systematic criticism of the principles underlying R2P. This volume is the first critically to interrogate both the theoretical principles and the policy consequences of this doctrine. The authors in this collection argue that the doctrine of R2P does not in fact embody progressive values, and they explore the possibility that the R2P may undermine political accountability within states and international peace between them. This volume not only advances a novel set of arguments, but will also spur debate by offering views that are seldom heard in discussions of R2P. The aim of the volume is to bring a range of criticisms to bear from a variety of disciplinary perspectives, including international law, political science, IR theory and security studies. This book will be of much interest to students of the Responsibility to Protect, humanitarian intervention, human security, critical security studies and IR in general.

Interrogating Motherhood

Interrogating Motherhood

Author: Lynda R. Ross

Publisher: Athabasca University Press

Published: 2016-12-30

Total Pages: 173

ISBN-13: 1771991437

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It has been four decades since the publication of Adrienne Rich’s Of Woman Born but her analysis of maternity and the archetypal Mother remains a powerful critique, as relevant today as it was at the time of writing. It was Rich who first defined the term “motherhood” as referent to a patriarchal institution that was male-defined, male controlled, and oppressive to women. To empower women, Rich proposed the use of the word “mothering”: a word intended to be female-defined. It is between these two ideas—that of a patriarchal history and a feminist future—that the introductory text, Interrogating Motherhood, begins. Ross explores the topic of mothering from the perspective of Western society and encourages students and readers to identify and critique the historical, social, and political contexts in which mothers are understood. By examining popular culture, employment, public policy, poverty, “other” mothers, and mental health, Interrogating Motherhood describes the fluid and shifting nature of the practice of mothering and the complex realities that define contemporary women’s lives.


Book Synopsis Interrogating Motherhood by : Lynda R. Ross

Download or read book Interrogating Motherhood written by Lynda R. Ross and published by Athabasca University Press. This book was released on 2016-12-30 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has been four decades since the publication of Adrienne Rich’s Of Woman Born but her analysis of maternity and the archetypal Mother remains a powerful critique, as relevant today as it was at the time of writing. It was Rich who first defined the term “motherhood” as referent to a patriarchal institution that was male-defined, male controlled, and oppressive to women. To empower women, Rich proposed the use of the word “mothering”: a word intended to be female-defined. It is between these two ideas—that of a patriarchal history and a feminist future—that the introductory text, Interrogating Motherhood, begins. Ross explores the topic of mothering from the perspective of Western society and encourages students and readers to identify and critique the historical, social, and political contexts in which mothers are understood. By examining popular culture, employment, public policy, poverty, “other” mothers, and mental health, Interrogating Motherhood describes the fluid and shifting nature of the practice of mothering and the complex realities that define contemporary women’s lives.

An Ethics of Interrogation

An Ethics of Interrogation

Author: Michael Skerker

Publisher: University of Chicago Press

Published: 2010-04-12

Total Pages: 269

ISBN-13: 0226761630

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The act of interrogation, and the debate over its use, pervades our culture, whether through fictionalized depictions in movies and television or discussions of real-life interrogations on the news. But despite daily mentions of the practice in the media, there is a lack of informed commentary on its moral implications. Moving beyond the narrow focus on torture that has characterized most work on the subject, An Ethics of Interrogation is the first book to fully address this complex issue.In this important new examination of a controversial subject, Michael Skerker confronts a host of philosophical and legal issues, from the right to privacy and the privilege against compelled self-incrimination to prisoner rights and the legal consequences of different modes of interrogation for both domestic criminal and foreign terror suspects. These topics raise serious questions about the morality of keeping secrets as well as the rights of suspected terrorists and insurgents. Thoughtful consideration of these subjects leads Skerker to specific policy recommendations for law enforcement, military, and intelligence professionals.


Book Synopsis An Ethics of Interrogation by : Michael Skerker

Download or read book An Ethics of Interrogation written by Michael Skerker and published by University of Chicago Press. This book was released on 2010-04-12 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The act of interrogation, and the debate over its use, pervades our culture, whether through fictionalized depictions in movies and television or discussions of real-life interrogations on the news. But despite daily mentions of the practice in the media, there is a lack of informed commentary on its moral implications. Moving beyond the narrow focus on torture that has characterized most work on the subject, An Ethics of Interrogation is the first book to fully address this complex issue.In this important new examination of a controversial subject, Michael Skerker confronts a host of philosophical and legal issues, from the right to privacy and the privilege against compelled self-incrimination to prisoner rights and the legal consequences of different modes of interrogation for both domestic criminal and foreign terror suspects. These topics raise serious questions about the morality of keeping secrets as well as the rights of suspected terrorists and insurgents. Thoughtful consideration of these subjects leads Skerker to specific policy recommendations for law enforcement, military, and intelligence professionals.